CGI v Commissioner of Victims Rights [2016] NSWCATAD 155

CGI v Commissioner of Victims Rights [2016] NSWCATAD 155

The Tribunal found, on the balance of probabilities, that CGI was the primary victim of a series of related acts of domestic violence, that he suffered physical injury as a result (specifically constitutional delay in growth and puberty linked to emotional trauma), and that his application for administrative review was made in time (after extension) and was within the Tribunal’s jurisdiction. The Tribunal set aside the Senior Assessor’s decision and found CGI eligible for a Category C recognition payment and a special grant under the Act.

Parties
Applicant: CGI; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Administrative Review / Decision After Oral Hearing and Submissions
Outcome
Application allowed. Senior Assessor’s decision set aside; substituted with recognition payment and special grant in applicant’s favour.
Legal Topics
Statutory Interpretation, Jurisdiction, Recognition Payment, Domestic Violence, Acts of Violence, Victims Rights and Support
Administrative Law Victims Compensation Statutory Interpretation Jurisdiction Recognition Payment Domestic Violence Acts of Violence Victims Rights and Support

Case Brief

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Parties

CGI

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Decision After Oral Hearing and Submissions

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear the administrative review under the Victims Rights and Support Act 2013 and associated regulations
  2. 2 Whether CGI was the primary victim of acts of violence (domestic/family violence)
  3. 3 Whether CGI is eligible for a Category C recognition payment and a special grant under the Act

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that CGI was the primary victim of a series of related acts of domestic violence, that he suffered physical injury as a result (specifically constitutional delay in growth and puberty linked to emotional trauma), and that his application for administrative review was made in time (after extension) and was within the Tribunal’s jurisdiction. The Tribunal set aside the Senior Assessor’s decision and found CGI eligible for a Category C recognition payment and a special grant under the Act.

Court Disposition

Application allowed. Senior Assessor’s decision set aside; substituted with recognition payment and special grant in applicant’s favour.

Orders

  • The time for filing the application is extended to 11 November 2015.
  • The decision of the Senior Assessor dated 1 December 2015 is set aside.